Russom v. Waldron

In Russom v. Waldron, 224 A.D.2d 905 (3rd Dept. 1996) a passenger, was injured when an automobile went off a road and rolled over. He then filed application for no-fault benefits under a policy issued to the owners of the automobile. The Court found that arbitration decision, that the passenger's injuries were casually related to the accident, entitling the passenger to no-fault benefits, did not estop the insured automobile owners from contesting the issue of proximate cause in a personal injury action brought against them by the passenger.